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Im a victim of DV my case is going to trial, I have done a lot of research but im scared I may have missed something?

Phoenix, AZ |

I have 3 documented police reports with photographs along with 3 documented cases through DCF of my husband abusing me while pregnant. I finally found the means of escaping, I am pursuing felony charges. I have extensive evidence of his abuse as far as an affidavit from my midwife stating his controlling nature. The state attorney had to drop the charge down to a misdemeanor due to me dropping the first to offenses, as a I was forced to and the fact that he has hired an attorney to fight the charges. I have an extensive paper-trail against this man but I fear he may talk his way out of this someway somehow. He has absolutely nothing on me other than he said/she said evidence. I cannot afford a lawyer as I have used my expenses to fund a safe environment for the children and I. Any advic

Attorney Answers 3

Posted

Contact the prosecutors office for the county that is handling the case and ask them who the prosecutor is that's assigned to the matter. Once you find that out, contact the prosecutor and let them know what your feelings are. That's probably the best thing that you can do in regards to the pending criminal case at this point.

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Posted

If it's been dropped to a misdemeanor then it will likely handled by a city court. Contact the city prosecutor's office that is handling the case and make sure they have all of your accurate contact information. The city will proceed with the charges but if they can't reach you then they can't effectively advocate for you.

Attorney David Kephart is an experienced Criminal Defense Trial Attorney and Jury Consultant. He is the recipient of the Arizona Attorneys for Criminal Justice President's Award and the recipient of the International Academy of Trial Lawyers Commendation for Excellence in Trial Advocacy. His response to your question is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, and does not create a right to continuing email exchanges.

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Asker

Posted

Im in contact with the state attorney handling my case, thank you for your advice on this. I read somewhere that dv cases are unique in the sense that you are allowed to bring previous acts of dv to case as evidence, what if I was forced to drop the previous case are they still relivent. The state attorney is telling me that there is no way to pursue this as a felony since I dropped the previous 2 cases. I am/is/was pregnant with all three cases and have the evidence to prove that during the times of all three offenses. Is the reduced misdimeaner charge because he has a lawyer even when I have a huge pile of evidence ? The fact is I'm pregnant it happened its a felony. I don't understand why they are letting him get away with this when I thought they were put in placeto protect me. I'm writing a letter to the judge that will be Notorized and dated with all accounts of abuse included in within the document will this help?

Posted

Gather all your evidence, call the state attorney's office and ask for a meeting with the victim advocate and the prosecuting attorney's supervisor.

Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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4 comments

Asker

Posted

I have been on the phone with the prosecutor and they are not giving me enough information I have been advised to email the State attorney. I am unable to personally attend since DCF has moved me from the state in a protective measure.

James Regan

James Regan

Posted

Well for moral and emotional help and counseling, call the National Sexual Assault Hotline 1-800-656-HOPE or the National Domestic Violence Hotline National Domestic Violence Hotline at 1−800−799−SAFE(7233). You might want to contact the local newspapers to complain if the Mr. Montgomery does not respond to your satisfaction.

Asker

Posted

Yes I intend on contacting both, thankyou. As for contacting a newspaper or a newstation that was my next question as well as step, as it has been weighing heavily on my mind. I pray that he responds in a timely fashion as the trial is on the 29th.

James Regan

James Regan

Posted

Best wishes.

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